The Plight Of The Proceedings Of Our Civil Groups And The Way Out

In recent years,along with our country's economic development and the transformation of society,groups of disputes and lawsuits develop quickly.But the litigation system of our country's representative lawsuit proceeding have many defects, can not adapt to the new situation of the judicial practice,which puts our country's judicial settlement of group disputes in a difficult position.In order to solve the group disputes and to make system of representative litigation perfect,the litigation system should introduce the test case.Test case system is a kind of suit which aims at solving the conflict that has a relationship with many people.Many countries explore this path of litigation as the supplementary of the existing system to settle group disputes and lawsuits. And compared to the other settlement systems of group disputes and lawsuits,the test case has some procedural aspects and its operation of the mechanism is unique.In this paper,the author studied the models of the litigation systems in other countries firstly, and analysis the different legislature and the judiciary on the basis of practical experience and then according to the actual situation of our country,put the suggestion that our country should build test case litigation system to solve group disputes and lawsuits.The author advanced the design guidance and the specific mode and elaborated detailed from the application of the test case,the question of jurisdiction,notice,the representative cases and the typical questions,the protection of third person's rights and interests,the application of judgment,appeals,the implementation of the case,litigation costs and some related aspects.The author advanced a specific framework of our test case litigation system in order to perfect the litigation system and set up a dispute settlement mechanism of the group disputes and lawsuits with Chinese characteristics.